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,• • �:Cf� 1oSl <br />(iii) Otherwise engaged in any activity or failed to <br />' take any action which as of the date hereof, could <br />subject Mortgagee or Mortgagor to claims for <br />intentional or negligent torts, strict or absolute <br />liability, either pursuant to statute or common <br />law, in connection with substances located on the <br />Mortgaged Premises at any time prior to the date <br />hereof. The terms set withir_ quotation marks in <br />�. this Section 3(i) shall have the meanings given to <br />g <br />them in the Comprehensive Environmental Response, <br />Compensation and Liability Act, 42 U.S.C., as <br />amended by SARA ("CERCLA"') and the Minnesota <br /><' Environmental Response Compensation and Liability <br />r Act, Minn. Stat. Ch. 115B ("MERLA"). "Hazardous <br />F a, Substances" means formaldehyde, urea, <br />polychlorinated biphenyls, asbestos, petroleum, <br />natural gas, synthetic gas usable for fuel or <br />mixtures thereof, any materials related to any of <br />cC, the foregoing, and substances defined as <br />"'hazard'ous`substances;" "toxic substances <br />t ," <br />"hazardous waste," "pollutant," or "contaminant" <br />Y in CERCLA, MERLA, the Hazardous Materials <br />, - Transportation Act, 49 U.S.C. S 1601 <br />Qt spa., the <br />Clean Water Act, 33 U.S.C. § 1251 et sea., any <br />Minnesota environmental laws, or any regulations <br />promulgated pursuant to any of the foregoing <br />statutes. <br />! (j') Mortgagor further represents and warrants that no <br />kr Hazardous Substances shall be generated, treated, <br />inatalled,.used;,stored, released or disposed of or <br />j otherwise deposited in or located on the Mortgaged <br />Premises including, without limitation, the surface and <br />subsurface waters of the Mortgaged Premises, except that <br />Mortgagor shall be permitted to store petroleum products <br />(' (primarily motor oil) on the premises in reasonable <br />_quantities in the ordinary course of business of <br />''changing the oil in motor vehicles and lubricating motor <br />. <br />vehicles, provided that such.storage and use is in full <br />K compliance with all applicable statutes, ordinances, <br />codes, rules, regulations and other laws. <br />tk) Mortgagor shall hold harmless Mortgagee and each of <br />Mortgagee's former, present, and future officers, <br />directors: employees, agents, shareholders, and <br />attorneys and all of their resPective successors and <br />assigns from and against any and all livability. <br />(including bodily injury and death), loss, cost, damage, <br />And expense, including witnesses' and attorneys' fees, <br />f' resulting from or due to the release or threatened <br />release o,` any Hazardous Substance, that was, or is <br />claimed or alleged to have been; deposited, stored, <br />disposed of, placed, or otherwise' located or allowed to <br />be, located on'the Mortgaged Premises by any person at <br />4 <br />fiifi+ b Y' <br />